Legal Question in Real Estate Law in California

Re: joint tenants

This matter might have been addressed in your divorce proceedings. A final judgment for dissolution of marriage is supposed to provide for an equal division of a couple's community assets. So, a starting point would be to review your judgment, and if any, the property settlement agreement you negotiated and had the court attach as part of the judgment.

On the other hand, if the "land trust" you refer to was revocable, your future interest in the land might have been treated as what is called a "mere expectancy," since the father was free to revoke or modify the trust during his lifetime.

In this case, you need to find out the terms of the trust as they existed at his death, and who the trustee(s) is or are currently. There are several possibilities:

(1) If you know who was likely to be a successor trustee, contact that person.

(2) Check the recorder's office to see whether there have been any transactions of record involving the property or properties you believe were owned by the land trust.

(3) If you know who was the father's lawyer, ask him or her. Note that you might be considered a potentially adverse party, and they might feel no compulsion to be helpful to you, but they would have an ethical duty not to lie to you.

(4) If you were represented by counsel in your divorce case, ask that attorney about the land.

(5) Hire a title company to do a title search and/or hire a private investigator to do an asset search.

The ultimate tool, if all else fails, would be to bring a "quiet title" lawsuit to ask a court to determine your title, if any, in the properties you believe were in the trust and in which you may have a part interest. I would not advise this until all other avenues result in no cooperation AND you have a reasonable belief that you are entitled to part ownership. A suit will force the other claimants to the properties to step forward and defend their claims, which would include revealing the contents of the last version of the trust documents to you on discovery. See a real estate lawyer about this.

Re: joint tenants

The trust documents need to be reviewed for a reliable opinion. Is there a recorded deed in the Trust's name or your name and your x's? Call me directly at 1619.846.8947.